5-1-360 Annexation Policy

(Ordinance 613) A. Requirements. 1. The Box Elder County Commission, Planning Commission, or Community Development Office shall not take action on any proposed Land Use Application or Zoning Map Amendment within unincorporated Box Elder County (except building permits that are not using municipal utilities) if the Land Use Application or Zoning Map Amendment is: a. Located within ½ mile of a municipality’s largest (by area) incorporated boundary, or b. If a development, improvement, or building lot will be using two or more utilities provided by a municipality. 2. If the proposed Land Use Application or Zoning Map Amendment meets any of the above criteria, the applicant shall petition the applicable municipality for annexation of the property associated with the Land Use Application or Zoning Map Amendment pursuant to the requirements set forth in Title 10, Chapter 2 of Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 17 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 the Utah State Code as currently existing or subsequently modified. If the municipality(ies) rejects the petition for annexation, the applicant shall provide signed documentation to the Community Development office from the municipality(ies) showing the municipality’s rejection of an annexation petition. After such documentation is received, the Land Use Application or Zoning Map Amendment may move forward. 3. If a municipality accepts the petition for annexation, and it is an island annexation, the county and annexing municipality must agree to the annexation. This agreement shall come in the form of both entities approving the annexation. The annexation proposal must be presented to the County Commission through the County Community Development Department with input from affected county departments and stakeholders. 4. If the County Commission does not agree to the island annexation the petitioner may move forward with the Land Use Application or Legislative Application within unincorporated Box Elder County. 5. Any Land Use Application or Legislative Application using a municipality’s utilities cannot have a higher density than that allowed by the municipality providing the utilities. 6. All applications shall be subject to the time limits set forth in Section 2-2-040(K), Substantial Action Required and Section 2-2-040(L), Expiration of Application of the Box Elder County Land Use Management & Development Code. B. Exemptions. 1. The following Land Use Applications and Legislative Applications are exempt from the requirements listed in subsection “A” of this section and are NOT required to go through the annexation petition process with a municipality: a. 1-Lot Subdivisions that are not adjacent to a municipal boundary and are not using municipal utilities. b. Accessory Dwelling Units (internal and detached) in which there are no municipal utility services to the parcel or lot. c. Home Occupations d. Swimming Pools e. Home-Based Kennels Reg. of General Applicability: Regulations Applicable To All Zones 5-1- 18 (Updated 7-08; 8-8-08; 1-6-10, 3-23-10, 4-1-10, 8-10-10; 1-22-2014, 1-22-2025, 11-7-2025, 3-31-2026 7-29-2026 f. Conditional Use Permits for temporary buildings and mobile homes for uses incidental to construction work or temporary living quarters in which there are no municipal utility services to the parcel or lot. g. Zoning Map Amendments in conjunction with Agriculture Protection Area applications h. Agricultural Subdivisions with a Single Family Dwelling